Rajasthan HC Says Adults Can Be In Live-In Relationship Even Before Reaching Marriageable Age
Justice Anoop Dhand instructed police to swiftly assess the couple’s protection request and ensure their safety if required.
The Rajasthan High Court has held that two consenting adults have the right to be in a live-in relationship even if they have not yet reached the legal age for marriage.
The Court observed that personal autonomy and the right to choose a partner fall within the protection of Article 21 of the Constitution and cannot be denied solely because marriage is not legally permitted at that age.
Justice Anoop Dhand was hearing a protection plea filed by an 18-year-old woman and a 19-year-old man from Kota. The couple told the Court they were living together voluntarily and intended to marry once the man turned 21. They informed the Court that they had executed a live-in agreement in October 2025 and approached the police twice seeking protection after facing threats from family members, but received no assistance.
The State opposed the plea on the ground that the man was not yet of marriageable age and therefore should not be permitted to live in a live-in arrangement.
Rejecting that contention, the Court referred to established Supreme Court decisions including Lata Singh v State of Uttar Pradesh, reiterating that live-in relationships between consenting adults are not illegal.
It also noted that the right to life and personal liberty includes the freedom to make intimate choices without interference from the State or society.
Highlighting the duty of the State to protect citizens, the Court said, “This Court finds no valid reason to take a different view and accordingly, looking to the fact that the petitioners have already approached the Nodal Officer, by way of filing a representation, it is expected from the Nodal Officer to decide the representation so submitted by them in accordance with law and ensure that after analyzing the threat perceptions, if necessitated, he may pass necessary orders to provide adequate security and protection to the petitioners.”
The petition was disposed of with directions to the police to promptly act on the couple’s representation and assess whether protection is required.
However, the Court clarified that its observations were limited to deciding the protection plea and would not prejudice any future proceedings involving the couple.
Case Title: Priya Suman & Anr. v State of Rajasthan & Ors.
Bench: Justice Anoop Kumar Dhand
Order Date: 01 December 2025